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90_SB0849
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1
Amends the Civil Practice Article of the Code of Civil
Procedure. Makes a stylistic change in provisions regarding
trials.
LRB9003457SMdv
LRB9003457SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-1107.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-1107.1 as follows:
7 (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
8 Sec. 2-1107.1. Jury instruction in tort actions. In all
9 actions on account of bodily injury or death or physical
10 damage to property based on negligence, or product liability
11 based on any theory or doctrine, the court shall instruct the
12 jury in writing, to the extent that it is true, that any
13 award of compensatory damages or punitive damages will not be
14 taxable under federal or State income tax law. The court
15 shall not inform or instruct the jury that the defendant
16 shall be found not liable if the jury finds that the
17 contributory fault of the plaintiff is more than 50% of the
18 proximate cause of the injury or damage for which recovery is
19 sought, but it shall be the duty of the court to deny
20 recovery if the jury finds that the plaintiff's contributory
21 fault is more than 50% of the proximate cause of the injury
22 or damage. The court shall not inform or instruct the jury
23 concerning any limitations in the amount of non-economic
24 damages or punitive damages that are recoverable, but it
25 shall be the duty of the trial court upon entering judgment
26 to reduce any award in excess of the such limitation to no
27 more than the proper limitation.
28 This amendatory Act of 1995 applies to causes of action
29 filed on or after its effective date.
30 (Source: P.A. 89-7, eff. 3-9-95.)